(A) If the City establishes a Three-Container System, Commercial Businesses may apply for waivers where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this Chapter with respect to any particular premises or where unnecessary hardship will be caused by complying with this Chapter with respect to any particular premises. Under these circumstances, the City Manager or his/her Designee may issue special written permits (waivers) authorizing variations from the provisions of this Chapter, subject to such terms and conditions as may deemed necessary to protect the public health and safety of the City. Special written permits include de minimis waivers and physical space waivers, as described below.
(B) De Minimis Waivers: The City may waive a Commercial Business’s obligation (including Multi-Family Residential Dwelling’s obligations) to comply with some or all of the Organic Material requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Material as described in Section 3-2-13
(B)2. below. Commercial businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 3-2-13
(B)2. below.
2. Provide documentation that either:
(a) The Commercial Business’s total Solid Waste collection service is two (2) cubic yards or more per week and Organic Material subject to collection in a Recyclable Materials or Organic Materials Container comprises less than twenty (20) gallons per week per applicable Container of the business’ total waste; or,
(b) The Commercial Business’ total Solid Waste collection service is less than two (2) cubic yards per week and Organic Material subject to collection in a Recyclable Material Container or Organic Material Container comprises less than ten (10) gallons per week per applicable Container of the business’ total waste.
3. Notify City if circumstances change such that Commercial Business’s Organic Material exceeds threshold required for waiver, in which case waiver will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every 5 years, if City has approved de minimis waiver.
(C) Physical Space Waivers: City may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings’) to comply with some or all of the Organic Material collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer that the premises lacks adequate space for compliance with the Organic Material collection requirements of Section 3-2.
A physical space waiver may also be requested if a Commercial Business or property owner documents that the premises lacks adequate space for Organic Material Container and Recyclable Material Containers.
Commercial Business, business owner, or property owner requesting a physical space waiver shall:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. Provide documentation that the premises lacks adequate space for Recyclable Material Containers and/or Organic Material Containers including documentation from its hauler, licensed architect, or licensed engineer.
3. Provide written verification to City that it is still eligible for physical space waiver every five years, if City has approved application for a physical space waiver.
(D) Review and Approval of Waivers by City: Commercial Businesses or property owners (including Multi-Family Residential Dwellings) shall:
1. Apply to City for a de minimis or physical space waiver. Waivers are valid for five (5) years.
2. Any Waiver Holder must cooperate with the City and/or Franchise Hauler for compliance Inspections and enforcement as stated in Section 3-2-22
.
3. Waiver Holder must annually reapply to the City for a waiver and shall submit any required documentation, and/or fees/payments as required by the City. Failure to submit a completed application shall equate to an automatic denial of said application. (Ord. 837-20, 8-18-2020)